Alerts and Updates
The opinion is significant for a number of reasons, not least of which is that the Bankruptcy Court held that a make-whole premium is not a claim for unmatured interest as the Court of Appeals had intimated.
USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Title 11 of the US Code, United States bankruptcy court
A successful purchase depends not just on negotiating a two-party transaction, but rather navigating the applicable process and dealing with all the competing interests successfully to allow a bid to succeed and closing to occur.
Q: Do opportunities exist for asset buyers in times of distress?
USA, Banking, Insolvency & Restructuring, Nutter McClennen & Fish LLP, US Department of Justice, Title 11 of the US Code
The immediate effect of Jevic will be that practitioners may no longer structure dismissals in any manner that deviates from the priority scheme of the Bankruptcy Code without the consent of impaired creditors.
USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Unsecured debt, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, Third Circuit